Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12129
SECOND DIVISION Docket No. 12116
91-2-90-2-256
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM:
1. That the Atchison, Topeka & Santa Fe Railway Company violated the
September 1, 1974 Agreement, as amended, specifically Rule 20 and Article IV,
Section 1(b), and Letter No. 3 of the November 19, 1986 National Agreement,
by requiring Carmen Walter Sanchez and Richard Heimlich to perform work on
non-intermodal equipment/cars and by only compensating them at the intermodal
rate of pay.
2. That accordingly, the Atchison, Topeka & Santa Fe Railway Company be ordered to additionally compensate Carmen Walter Sanchez and Richard
Heimlich each eighty-one cents (814) per hour, the difference between the
intermodal hourly rate of pay ($:L3.29) and the non-intermodal hourly rate of
pay ($14.10), for a total of sixteen (16) hours that they were required to
work on non-intermodal equipment/cars, in the amount of $6.48 each.
FINDINGS:
The Second Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The dispute in this case is identical to that involved in Award 12122
of this Division. For the reasons stated therein, Claimants are entitled to
the compensation claimed on dates they worked on non-intermodal cars for more
than half the work day.
Form 1 Award No. 12129
Page 2 Docket No. 12116
~r~
91-2-90-2-256
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
01
Nancy J.- Executive Secretary
Dated at Chicago, Illinois, this 11th day of September 1991.
VMW